[Federal Register Volume 60, Number 80 (Wednesday, April 26, 1995)]
[Proposed Rules]
[Pages 20463-20465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10238]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01-95-036]


Special Local Regulation: Whatever Festival Hydroplanes, Kennebec 
River, Augusta, ME

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish a permanent special 
local regulation for a racing event called the Whatever Festival 
Hydroplanes. The race will be held on Saturday, June 24, and Sunday, 
June 25, 1995, and thereafter annually on the fourth weekend in June in 
the waters of the Kennebec River, Augusta, ME. This regulation is 
needed to protect the boating public from the hazards associated with 
high speed hydroplane racing in confined waters.

DATES: Comments must be received on or before May 24, 1995.

ADDRESSES: Comments should be mailed to Commander(b), First Coast 
[[Page 20464]] Guard District, Captain John Foster Williams Federal 
Building, 408 Atlantic Ave., Boston, MA 02110-3350, or may be hand 
delivered to Room 428 at the same address, between 8 a.m. and 4 p.m., 
Monday through Friday, except federal holidays. Comments will be come 
part of this docket and will be available for inspection or copying at 
the above address.

FOR FURTHER INFORMATION CONTACT:
Lieutenant(jg) B.M. Algeo, Chief, Boating Affairs Branch, First Coast 
Guard District, (617) 223-8311.

SUPPLEMENTARY INFORMATION

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this notice (CGD01-95-036), the specific section of the 
proposal to which each comment applies, and give reasons for each 
comment. The Coast Guard requests that all comments and attachments be 
submitted in an 8\1/2\'' x 11'' unbound format suitable for copying and 
electronic filing. If that is not practical, a second copy of any bound 
material is requested. Persons requesting acknowledgment of receipt of 
comments should enclose a stamped, self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments. 
The Coast Guard plans no public hearing. Persons may request a public 
hearing by writing to Commander(b), First Coast Guard District at the 
address under ADDRESSES. The request should include reasons why a 
hearing would be beneficial. If it is determined that the opportunity 
for oral presentations will aid this rulemaking, the Coast Guard will 
hold a public hearing at a time and place announced by a later notice 
in the Federal Register.
    The shortened comment period for this regulation was caused by a 
delay in receiving necessary information from the event sponsor. The 
Coast Guard considers this shortened comment period to be adequate 
because considerable promotional efforts undertaken by the sponsor have 
effectively publicized the event throughout the local area. The 
shortened comment period will allow sufficient time for the public to 
make substantive comments on the proposed rule.

Drafting Information

    The drafters of this notice are Lieutenant(jg) B.M. Algeo, Project 
Manager, First Coast Guard District, and Lieutenant Commander S.R. 
Watkins, Project Counsel, First Coast Guard District Legal Office.

Background and Purpose

    On February 3, 1995, the sponsor, Kennebec Valley Chamber of 
Commerce, submitted a request to hold a hydroplane race on the Kennebec 
River, Augusta, ME. The Coast Guard is considering establishing a 
permanent regulation on the Kennebec River for this event known as the 
``Whatever Festival Hydroplanes.'' The proposed regulation would 
establish a regulated area on the Kennebec River and would provide 
specific guidance to control vessel movement during the race.
    This event will include up to 50 hydroplanes competing on a 
rectangular course at speeds approaching 70 m.p.h. Due to the inherent 
dangers of a race of this type, vessel traffic will be temporarily 
restricted to provide for the safety of the spectators and 
participants.
    The sponsor will provide a minimum of four safety boats, two manned 
with divers, and an EMT rescue ambulance on shore. All sponsor 
resources will be identified with regatta signs or flags, in accordance 
with American Power Boat Association requirements, to augment the Coast 
Guard patrol that will be assigned to the event. The race course will 
be well marked and patrolled, but due to the speed and proximity of the 
participating vessels, it is necessary to establish a special local 
regulation to control spectator and commercial vessel movement within 
this confined area.

Discussion of Proposed Amendments

    The Coast Guard proposes to establish a special local regulation on 
specified waters of the Kennebec River, Augusta, Maine. The regulated 
area will be closed to all traffic from 10 a.m. to 4 p.m. on June 24, 
and from 11 a.m. to 3 p.m. on June 25, 1995, and thereafter annually on 
the fourth weekend in June. In emergency situations, provisions will be 
made to establish safe escort by Coast Guard designated vessels for 
mariners requiring transit through any regulated area. This regulation 
is needed to protect spectators and participants from the hazards that 
accompany a high speed powerboat race in a confined area.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866, and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has been exempted from review by the Office of Management and Budget 
under that order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact to be 
so minimal that a full Regulatory Evaluation, under paragraph 10e of 
the regulatory policies and procedures of DOT, is unnecessary. This 
conclusion is based on the limited duration of the race, the extensive 
advisories that have been and will be made to the affected maritime 
community, and the fact that the event is taking place in an area where 
the only commercial interests affected are a few marinas.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include independently owned and operated small businesses 
that are not dominant in their fields and that otherwise qualify as 
``small business concerns'' under section 3 of the Small Business Act 
(15 U.S.C. 632).
    For the reasons discussed in the Regulatory Evaluation, the Coast 
Guard certifies under 5 U.S.C. 605(b) that this proposal will not have 
a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposal in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that this proposal does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard is considering the environmental impacts of both 
the proposed special regulations and the Whatever Festival Hydroplanes 
race. It is anticipated that an Environmental Assessment (EA) will be 
written and included in the docket concerning the potential 
environmental impacts resulting from this high speed hydroplane race 
for which the Coast Guard has received an ``Application for Marine 
Event Permit.'' Comments in this regard should be forwarded to the 
address listed under ADDRESSES. [[Page 20465]] 

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--[AMENDED]

    1. The authority citation for part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.

    2. A permanent section, Sec. 100.109, is added to read as follows:


Sec. 100.109  Whatever Festival Hydroplanes, Augusta, ME.

    (a) Regulated Area. This regulated area provides a 100 yard minimum 
safety zone around the race course coordinates and includes all waters 
within the following points:


Latitude                             Longitude                          
                                                                        
44 deg.19.01'' N                     069 deg.46.22'' W                  
44 deg.19.00'' N                     069 deg.46.18'' W                  
44 deg.18.37'' N                     069 deg.46.26'' W                  
44 deg.18.36'' N                     069 deg.46.16'' W                  
                                                                        


    (b) Special Local Regulations.
    (1) Commander, U.S. Coast Guard Group Portland reserves the right 
to delay, modify, or cancel the race as conditions or circumstances 
require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area during the effective period of regulation unless 
participating in the event or unless authorized by the Coast Guard 
patrol commander.
    (3) Vessels desiring to transit the river may do so without Coast 
Guard approval as long as the vessel remains outside the regulated 
areas at specified times. No vessel will be allowed to transit through 
any portions of the regulated area during the actual race. In the event 
of an emergency, the Coast Guard patrol commander may authorize a 
vessel to transit through the regulated areas with a Coast Guard 
designated escort. Vessels encountering emergencies which require 
transit through the regulated areas should contact the Coast Guard 
patrol commander on VHF Channel 16.
    (4) Spectator craft are authorized to watch the race from any area 
as long as they remain outside the designated regulated areas. There 
will be no movement of spectator craft during each heat of the race. 
Spectator craft are expected to remain outside the safety zone from 10 
a.m. to 4 p.m. unless permission has been granted by the patrol 
commander.
    (5) All persons and vessels shall comply with the instructions of 
the Commander, U.S. Coast Guard Group Portland or the designated on-
scene patrol commander. On-scene patrol personnel include commissioned, 
warrant, and petty officers of the U.S. Coast Guard. Upon hearing five 
or more blasts from a U.S. Coast Guard vessel, the operator of a vessel 
shall stop immediately, then proceed as directed. Members of the Coast 
Guard Auxiliary will also be present to inform vessel operators of this 
regulation and other applicable laws.
    (c) Effective period. This section will be effective from 10 a.m. 
to 4 p.m. on Saturday, June 24, and from 11 a.m. to 3 p.m. on Sunday, 
June 25, 1995, and thereafter annually on the fourth weekend in June, 
at the same prescribed times, unless otherwise specified in the Coast 
Guard Local Notice to Mariners and a notice of the Federal Register.

    Dated: April 18, 1995.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 95-10238 Filed 4-25-95; 8:45 am]
BILLING CODE 4910-14-M